Majority
p. 781In the Mattel of Salvatore Tricario, Sr., Respondent-Appellant, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Appellants-Respondents.
Order, entered on August 28, 1963, unanimously modified, on the law and the facts, so as to reinstate the designating petition of Jacqueline Foster Herring and otherwise affirmed, without costs. The respondent-appellant Herring — correctly named in the petition — was clearly proven to be a duly registered and enrolled Democrat, albeit under her name by a previous marriage. Concur — Botein, P. J., Breitel, Stevens, Eager and Steuer, JJ.